Scottish Government appeal against ‘unlawful’ ruling on fishing licences to be heard in Court of Session

An appeal by the Scottish Government against a ruling that it had failed in its legal duty to protect the marine environment is due to be considered in Scotland’s highest civil court.

One of Scotland’s most senior judges ruled in July last year the Scottish Government’s approach to licensing damaging fishing activities, including scallop dredging, was “unlawful”.

The judgement came after a judicial review, sparked following a legal challenge by sustainable fisheries campaign group Open Seas.

The Marine Scotland (Act) 2010 requires the Scottish Government to consider its duties under the National Marine Plan to protect seabed habitats when making all decisions, including granting fishing licences.

Scottish scientists trial ‘intelligent’ fishing net that could stop needless deaths of marine wildlife

However, ministers had argued the plan could be overlooked.

But Lord Braid said in his 2023 ruling the Scottish Government’s legal duty “expressly requires [it] to take any authorisation decision in accordance with the National Marine Plan unless relevant considerations indicate otherwise”.

He declared the Government’s decision to vary sea fishing licences dated December 30, 2022 “unlawful” because it had acted “in contravention of the requirements of section 15 of the Marine (Scotland) Act 2010”.

Campaigners are calling for the Scottish Government to ban damaging fishing methods such as trawling and dredging in sensitive seabed areas. Picture: Jeremy Sutton-Hibbert

The Scottish Government is appealing the decision, with the hearing due to take place at the Inner House of the Court of Session on Wednesday. Proceedings can also be followed live online.

Campaigners have hit out at Scottish leaders over their “failure” to safeguard the marine environment.

Open Seas director Phil Taylor said: “Ministers have long spoken about the need to protect our seabed that provides essential fish habitat, for the sake of future fish generations and the long-term health of our seas.

“In 2021 the SNP and the Scottish Greens promised to protect these habitats by March 2024, and yet instead of getting on with environmental protection they are dragging their heels in the courts.

“With every passing year, Scotland’s seas are further damaged by scallop dredging.

Get a bespoke news round-up when you sign up to The Scotsman Today newsletter

“Scotland's seas need leadership for environmental and economic recovery, not further delay.”

He added: “The Scottish Government has full powers to use licensing conditions to ensure our fisheries are operating sustainably, but chosen not to use them. Until the Government takes action, the degradation of our seabed and essential fish nursery and spawning habitats will continue.”